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IL HB2370

IL HB2370
FOIA-FAIR TRIAL EXEMPTION


summary

Introduced
01/31/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Freedom of Information Act. Exempts from disclosure records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would do one of a number of things, including create a reasonable inference (rather than substantial likelihood) that a person will be deprived of a fair trial or an impartial hearing.

AI Summary

This bill amends the Freedom of Information Act (FOIA) to modify the exemptions for records created during administrative enforcement proceedings or by law enforcement agencies. Specifically, the bill changes the standard for withholding records that might impact a fair trial from "substantial likelihood" to "reasonable inference" that a person would be deprived of a fair trial or impartial hearing. This means that public bodies can more easily protect records that could potentially prejudice legal proceedings. The amendment applies to various types of records, including those from administrative, law enforcement, and correctional agencies. By lowering the threshold from "substantial likelihood" to "reasonable inference," the bill makes it easier for agencies to prevent the disclosure of sensitive documents that could potentially compromise ongoing investigations or judicial processes. This change aims to provide greater protection for the integrity of legal proceedings while maintaining the general principles of transparency in public records.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

bill text


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